IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6035 of 2009()
1. AJAYAKHOSH V.R., S/O.K.VASUDEVAN,
... Petitioner
2. AJITH KUMAR V.R.,
Vs
1. STATE OF KERALA, REP. BY SUB
... Respondent
For Petitioner :SRI.LIJU. M.P
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/11/2009
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO. 6035 OF 2009
------------------------------------------------------
Dated this the 12th day of November, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. Petitioners are accused Nos.1 and
2 in Crime No.601 of 2009 of Paripalli Police Station, Kollam District.
2. The offences alleged against the petitioners are under
Sections 379 and 506(ii) read with Section 34 of the Indian Penal
Code.
3. When the Bail Application came up for hearing on
29.10.2009, the following order was passed:
“After having heard the learned counsel for the
petitioners and the learned Public Prosecutor, I am of
the view that before disposing of the Bail Application,
an opportunity should be given to the petitioners to
appear before the investigating officer. Accordingly,
there will be a direction to the petitioners to appear
before the investigating officer at 9 AM on 5th and 6th
November, 2009.
B.A. NO. 6035 OF 2009
:: 2 ::
Post on 12th November 2009. The petitioners
shall produce a copy of the order before the
investigating officer.
It is submitted by the learned Public Prosecutor that
the petitioners will not be arrested until further orders in
connection with Crime No.601 of 2009 of Paripalli Police
Station, Kollam District.”
4. It is submitted by the learned counsel for the petitioners as well
as the learned Public Prosecutor that the direction in the order dated
29.10.2009 has been complied with by the petitioners.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and also taking note of the fact that
the direction in the order dated 29.10.2009 has been complied with
by the petitioners, I am of the view that anticipatory bail can be
granted to the petitioners. There will be a direction that in the event
of the arrest of the petitioners, the officer in charge of the police
station shall release them on bail on their executing bond for
Rs.15,000/- each with two solvent sureties for the like amount to the
satisfaction of the officer concerned, subject to the following
conditions:
B.A. NO. 6035 OF 2009
:: 3 ::
a) The petitioners shall appear before the investigating
officer for interrogation as and when required;
b) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
c) The petitioners shall not commit any offence or indulge
in any prejudicial activity while on bail;
d) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.
The Bail Application is allowed to the extent indicated above.
(K.T.SANKARAN)
Judge
ahz/